S T A T E O F N E W Y O R K
________________________________________________________________________
3213
2011-2012 Regular Sessions
I N A S S E M B L Y
January 24, 2011
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to assaults on department of
sanitation workers and nursing professionals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 3 and 11 of section 120.05 of the penal law,
as separately amended by chapters 318 and 345 of the laws of 2010, are
amended to read as follows:
3. With intent to prevent a peace officer, a police officer, [regis-
tered] A NURSING PROFESSIONAL INCLUDING NURSE PRACTITIONERS, CERTIFIED
OR LICENSED nurse PRACTITIONERS, CERTIFIED NURSING ASSISTANTS AND
licensed practical [nurse] NURSES, sanitation enforcement agent OR
DEPARTMENT OF SANITATION WORKER, a firefighter, including a firefighter
acting as a paramedic or emergency medical technician administering
first aid in the course of performance of duty as such firefighter, an
emergency medical service paramedic or emergency medical service techni-
cian, or medical or related personnel in a hospital emergency depart-
ment, a city marshal, a traffic enforcement officer or traffic enforce-
ment agent, from performing a lawful duty, by means including releasing
or failing to control an animal under circumstances evincing the actor's
intent that the animal obstruct the lawful activity of such peace offi-
cer, police officer, [registered nurse, licensed practical nurse] NURS-
ING PROFESSIONAL, sanitation enforcement agent OR DEPARTMENT OF SANITA-
TION WORKER, firefighter, paramedic, technician, city marshal, traffic
enforcement officer or traffic enforcement agent, he or she causes phys-
ical injury to such peace officer, police officer, [registered nurse,
licensed practical nurse] NURSING PROFESSIONAL, sanitation enforcement
agent OR DEPARTMENT OF SANITATION WORKER, firefighter, paramedic, tech-
nician or medical or related personnel in a hospital emergency depart-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06975-01-1
A. 3213 2
ment, city marshal, traffic enforcement officer or traffic enforcement
agent; or
11. With intent to cause physical injury to a train operator, ticket
inspector, conductor, signalperson, bus operator or station agent
employed by any transit agency, authority or company, public or private,
whose operation is authorized by New York state or any of its political
subdivisions, a city marshal, a traffic enforcement officer, traffic
enforcement agent, DEPARTMENT OF SANITATION WORKER or sanitation
enforcement agent, [registered] A NURSING PROFESSIONAL INCLUDING nurse
PRACTITIONERS, CERTIFIED or licensed NURSE PRACTITIONERS, CERTIFIED
NURSING ASSISTANTS AND LICENSED practical [nurse] NURSES, he or she
causes physical injury to such train operator, ticket inspector, conduc-
tor, signalperson, bus operator or station agent, city marshal, traffic
enforcement officer, traffic enforcement agent, [registered nurse or
licensed practical nurse] NURSING PROFESSIONAL or sanitation enforcement
agent OR DEPARTMENT OF SANITATION WORKER, while such employee is
performing an assigned duty on, or directly related to, the operation of
a train or bus, or such city marshal, traffic enforcement officer, traf-
fic enforcement agent, [registered nurse or licensed practical nurse]
NURSING PROFESSIONAL or sanitation enforcement agent OR DEPARTMENT OF
SANITATION WORKER is performing an assigned duty.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.